Specific Aspects of the Subject and Objective Element of the Crime Provided by Article 317 of the Criminal Code of Ukraine
Abstract
Despite numerous scientific studies on the organization and maintenance of places for the illegal use, production, manufacture of narcotic drugs, psychotropic substances or their analogues, many aspects of criminal responsibility for this crime remain controversial, which in no way contributes to law enforcement practice. The purpose of this study is to clarify the content and scope of the concepts used by the legislator when formulating the relevant corpus delicti, in particular its subject matter and actions constituting its objective side. In this article, it is necessary to consider as the subject of the investigated crime not only the premises of various types, but also any other places adapted for the use of narcotic drugs, psychotropic substances or their analogues. The terms «organization», «content» and others used by the legislator require clarification.
A promising direction for further research is the development of consolidated scientifically based proposals for improving the legislative formulations of the crime, as provided for in Article 317 of the Criminal Code of Ukraine.
Downloads
Abstract views: 101 PDF Downloads: 303
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.
